HBA-DMD, RAR C.S.H.B. 707 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 707
By: Tillery
Public Safety
4/23/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, Section 548.605, Transportation Code, does not clarify the
meaning of the term "working day." In addition, current law authorizes a
court to dismiss a charge pertaining to driving with an expired license,
provided that the driver has met certain conditions and authorizes the
court to assess an administrative fee not to exceed $10 when the charge of
driving with an expired inspection certificate has been remedied. C.S.H.B.
707 defines "working day" and requires a court to dismiss a charge of
driving with an expired inspection certificate provided that the defendant
obtains a new inspection certificate within 10 working days and the
inspection certificate has not been expired for more than 60 days. This
bill also requires a court to assess an administrative fee not to exceed
$10 when the charge of driving with an expired inspection certificate has
been remedied. It authorizes the court to dismiss a charge of driving with
an expired inspection certificate that has been expired for more than 60
days.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 548.605, Transportation Code, as follows:

Sec. 548.605. DISMISSAL OF CHARGE;  ADMINISTRATIVE FEE. (a) Defines
"working day" as any day other than a Saturday, a Sunday, or a holiday on
which county offices are closed. 

(b) Requires, rather than authorizes, a court to dismiss a charge of
driving with an expired inspection certificate if the inspection
certificate has not been expired for more than 60 days. Makes conforming
changes. 

(c) Authorizes the court to dismiss a charge of driving with an expired
inspection certificate that has been expired for more than 60 days,
notwithstanding Subsection (b). 

SECTION 2.  Effective date: September 1, 1999.
                       Makes application of this Act prospective.

SECTION 3.  Emergency clause.
 
COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute differs from the original bill in SECTION 1 (Section
548.605, Transportation Code), by adding an inspection certificate that has
not been expired for more than 60 days, as a condition to the requirement
that the court dismiss a charge of driving with an expired inspection
certificate. This substitute adds proposed Subsection (c), which authorizes
the court to dismiss a charge of driving with an expired inspection
certificate that has been expired for more than 60 days, notwithstanding
the provision requiring the court to dismiss a charge of driving with an
inspection certificate that has been expired for less than 60 days, if the
inspection certificate has been expired for more than 60 days. This
substitute also makes conforming changes.